Limestone Pointe

HOA Regulations

Posted in: Limestone Pointe
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  • ddelk
  • Respected Neighbor
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I see Our CODE OF REGULATIONS has been posted to the website. I was unaware this document existed, but it's good to have. This document is the Homeowner's ''Constitution'' and ''Bill of Rights'' all rolled into one. This regulates what the Board can and cannot do to us homeowners. I love reading this stuff!

If anyone is interested, the state laws that govern how an HOA Board operates can be found at Anderson's Ohio Online Docs. Type in Ohio Revised Code in your search engineer. Go to Anderson's Ohio Revised Code. Then put 1702 (the ORC Chapter) into that website's search. Then click on any highlighted 1702 on the right side and that chapter will open. There you'll find laws that govern Nonprofit Organizations on the right side of the screen. I would even recommend this as a link on our website.

Our local government (HOA Board) is actually a complicated environment considering how these laws impact its operations for OUR protection. If you read them, you really understand how a small number of people (those who attend members) can be considered the majority when voting. Those who don't attend or make provisions to send a substitute (a proxy according to 1702) in their place are left out. These laws define a lot of things such as how a quorum is met and who are members, directors, and officers. In short, it's about the Board's responsibilities to us homeowners and OUR responsibilities as HOA members. READ THEM!

Again I love reading this stuff, but then I deal with laws and regulations EVERY day of my professional life.

I strongly encourage EVERYONE to read these and if you don't understand something - ask. I always do. There is no such thing as a dumb question.
I agree

Dan, you say that if you have questions, just ask. I agree. However, for asking a question of the board, one board member chose to copy an attorney on his reply to my question. Why might a board member feel the need to do this? My questions were simple. Where did you find this doc and who wrote it?
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  • pkinstle
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RE: I agree

All,

I'm the Trustee Deb Rheyne is referring to who replied to her question to the Board. I wasn't speaking on behalf of the other Board Members. I was just (unfortunately) the first one who replied back to Deb on a rainy Saturday morning. Apparently, I'm spending too much time on my computer and replied back too quickly before the other Trustees did. (It is the weekend and the other Trustees may not be home.) I'm sure the other Board Members can speak for themselves, and will in time.

As for the question of me including Lora Howdyshell of MI Homes on my reply to Deb Rheyne, I only figured Lora could reply back to the origins of our Bylaws as well, and Deb could email Lora if she wanted to. And from what I can tell, Lora isn?’t even an attorney. Her title is ?“Administrative Legal Assistant & HOA Liaison?” for MI Homes. If that is another way of saying ''attorney,'' it?’s impressive. I can assure you she is not an attorney for this Board. She was our M/I contact who provided us a copy of the Bylaws that was handed down to the Board during the transition in 2000. It?’s as simple as that. Since I only lived here since 2003, I was not witness to that transition.

I have no hidden agenda. If there is a problem with the Bylaws, I'm sure we can work it out with the Association. I too want to know more about our Bylaws, which is why M/I is key to this discussion since they created it. I know the current Board cannot answer for any mistakes made by the previous Boards?…i.e. whether they followed the Bylaws or not. We can look backwards or go forward. It is our choice.

Lastly, I want to remind everyone that I too am a Member of this Association even before being elected to the Board, and as I said earlier, I have only lived here since 2003. I?’m not an original owner, but that shouldn?’t matter. I too have a voice and can speak my mind as the law permits. I appreciate Deb and other Members questioning the Board. That is the right thing to do. There is nothing to hide. And I?’m sure some answers may not make everyone happy, but the truth will bare witness to itself. If a mistake is made, we should do our best to correct it with the Association and move forward.

I welcome the other Board Members to speak their minds on this subject too.
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  • ddelk
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Document History

Here is my theory and it's just a theory but given the unfortunate history of the beginning of our HOA Board, it seems logical.

Here it is: Who's to say this document didn't exist from day one. Created by MI in 1998 when our development was planned. I don't know the precise chain of management companies, but I remember paying well over $100 in dues to a company called Sterling. (Sterling had an $18,000 budget for mowing the common ground.) Then PSAM took over. Finally, every house was built and the homeowners demanded to take over the HOA. Since I did work closely with the original board of homeowners (Tom, Jarrick, & JD) all they got from PSAM was a debt and NO documents. Everything that is on the website is stuff we've (the second board) found either in our own personal files, on file with the county or from MI. I've dealt with Ms. Howdyshell personally who helped us fill-in some of the missing information that we honestly didn't know was missing, such as our paperwork filed at the Ohio Secretary of State's office.

You have no idea how I wish I had known about this Code of Regulations, because the second HOA Board, which I was apart of would have certainly followed it to the letter - out of our responsibility to the homeowners.

I had a friend who was Vice President of Construction for Homewood (he now works for MI). Homewood fired PSAM over screw ups of their HOAs. I'd bet money we're still trying to work through the mess left by PSAM.

Now I'm wondering what other documents are out that the we should have always had.
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